§ 2-214
913 words·~4 min read·
/md/estates-and-trusts/2-214·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§2–214.
(1)Subject to the requirements of paragraph
(2)of this subsection, two individuals may register a domestic partnership by filing a declaration of domestic partnership with the register of wills in the county in which the domestic partners are domiciled.
(2)A declaration of domestic partnership filed with the register of wills shall:
(i)Include:
1. The full legal name of each domestic partner;
2. The home address of each domestic partner;
3. The date of birth of each domestic partner; and
4. The Social Security number of each party who has a Social Security number;
(ii)Be signed directly by each party, or by another individual, at the express direction of the party and in the party’s presence;
(iii)Be signed in the physical presence of a notary public or before a notary public through communication technology in accordance with Title 18, Subtitle 2 of the State Government Article; and
(iv)Affirm under penalty of perjury that each domestic partner is:
1. At least 18 years old;
2. The sole domestic partner of the other;
3. Not married; and
4. In a committed relationship with the other individual.
(b)The register of wills may refuse to register a domestic partnership if the declaration of domestic partnership does not meet the requirements of subsection (a)(2) of this section.
(c)The register may charge a fee of up to $25 for the filing of a declaration of domestic partnership.
(1)The register shall maintain adequate records of declarations of domestic partnership, amendments to declarations of domestic partnership, and termination statements.
(2)Except as provided in paragraphs
(3)and
(4)of this subsection, a declaration of domestic partnership filed with a register of wills is a public record.
(3)The register shall deny inspection of the part of a declaration of domestic partnership that contains the home address of either domestic partner.
(4)Except as provided in § 4–334 of the General Provisions Article, the Social Security number of a party may not be disclosed as part of the public record of the declaration of domestic partnership.
(i)Except as provided under paragraph
(2)of this subsection, a domestic partnership may be terminated by filing a declaration of termination with the register.
(ii)A declaration of termination shall:
1. Be signed by both parties; or
2. If the declaration of termination is not signed by both parties, include a statement that a copy of the declaration of termination has been served on the nonsigning party.
(iii)A declaration of termination filed under this paragraph is effective 6 months after the date of filing.
(i)If a domestic partnership has been abandoned by one of the domestic partners, the abandoned domestic partner may file a declaration of termination not earlier than 6 months after the abandonment.
(ii)A declaration of termination filed under this paragraph shall:
1. Include a statement that the filing party has not been in contact with the nonfiling party for at least 6 months preceding the date of filing; and
2. If the location of the nonfiling party is known, include a statement that a copy of the declaration of termination has been served on the nonfiling party.
(iii)A declaration of termination filed under this paragraph is effective immediately.
(1)A registered domestic partnership terminates immediately on:
(i)Certification of marriage of either domestic partner; or
(ii)The death of either domestic partner.
(2)This subsection may not be interpreted to terminate any rights or benefits otherwise enjoyed by or owed to a surviving registered domestic partner.
(1)The surviving partner of a registered domestic partnership shall qualify for the following benefits:
(i)The share of a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–102 of this article;
(ii)The family allowance for a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–201 of this article;
(iii)Priority of appointment as the personal representative for a surviving spouse, surviving registered domestic partner, and children of an intestate decedent in accordance with § 5–104(3) of this article; and
(iv)The inheritance tax exemption under § 7–203(l)(3) of the Tax – General Article.
(2)The surviving domestic partner of a registered domestic partnership is not entitled to elect to take an elective share of the estate under § 3–403 of this article.
(1)If the laws of another jurisdiction establishing a relationship other than marriage are substantially similar to the requirements of this section, the relationship established by the other jurisdiction shall be recognized as a registered domestic partnership in the State.
(i)The register shall establish, update, and maintain a certified list of jurisdictions with laws of domestic partnership that are substantially similar to the provisions of this section.
(ii)If the register has not certified that the laws of another jurisdiction are substantially similar to the requirements of this section, but the laws of that jurisdiction establish a relationship, regardless of the term or phrase used by the jurisdiction, that has the rights and responsibilities of marriage, the relationship shall be recognized by the register as a registered domestic partnership in the State and the register shall include that jurisdiction in the certified list under subparagraph
(i)of this paragraph.
(3)The register shall broadly construe the term “substantially similar” to maximize the recognition of relationships from other jurisdictions as registered domestic partnerships in the State.